L.L.Sreejith Babu vs Hari Kumar
2022 Latest Caselaw 248 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT
           THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                  &
              THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
      TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
                    CON.CASE(C) NO. 1985 OF 2020
  AGAINST THE JUDGMENT IN WP(C) 13894/2020 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER IN WRIT PETITION:

           L.L.SREEJITH BABU
           AGED 62 YEARS
           S/O.LAMBODHARAN.K,SANDHYA NIVAS,
           MUNDAKKAL WEST,KOLLAM-691010.
           BY ADV B.BILWIN


RESPONDENT/1ST RESPONDENT IN WRIT PETITION:

           HARI KUMAR
           (AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER),
           THE SECRETARY,
           KOLLAM CORPORATION,KOLLAM-691001.

           BY ADVS.
           SRI.M.K.CHANDRA MOHAN DAS,SC,KOLLAM MPT
           SRI.K.P.HARISH, SENIOR GOVERNMENT PLEADER




     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 COC No.1985 of 2020                     2




                                  JUDGMENT

Dated this the 11th day of January, 2022

S. MANIKUMAR, CJ.

Being aggrieved by the inaction on the part of the respondent -

Secretary, Kollam Corporation, to remove the encroachment within the

time, in terms of the judgment in W.P.(C) No.13894 of 2020 dated

17.8.2020, instant contempt petition is filed.

2. Mr.K.P.Harish, learned Senior Government Pleader, submitted that

after completion of survey, a report has been submitted to the Secretary,

Kollam Corporation on 8th December, 2021. As regards removal of

encroachments, though directed to be done within two months from the

date of receipt of a copy of the judgment, Mr.M.K.Chandramohan Das,

learned Standing Counsel for respondent, submitted that after the receipt of

survey report, notice has been issued to the alleged encroachers 8 in

number, directing them to remove the encroachment within 15 days.

3. In as much as directions have been issued as early as on 17 th

August, 2020, the Secretary, Kollam Corporation - respondent, is directed

to proceed further in the process of removal of the encroachment, without

giving room for any further litigation.

Contempt petition is closed accordingly, granting liberty to the

petitioner to revive the contempt petition, at any later stage, if so required.

Sd/-

S.MANIKUMAR CHIEF JUSTICE

Sd/-

                                                  SHAJI P.CHALY
smv                                                  JUDGE




                  APPENDIX OF CON.CASE(C) 1985/2020

PETITIONER'S ANNEXURES
ANNEXURE A1        CERTIFIED COPY OF THE JUDGMENT DATED
                   17.8.2020 IN W.P(C)NO.13894/2020.
ANNEXURE A2        TRUE COPY OF THE LETTER DT.17.9.2020

FORWARDING THE JUDGMENT OF THIS HON'BLE COURT TO THE 1ST RESPONDENT.